Licensing (Northern Ireland) Order 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/594 |
| Year | 1990 |
1990 No. 594 (N.I. 6)
NORTHERN IRELAND
The Licensing (Northern Ireland) Order 1990
Made 14th March 1990
Coming into operation on days to be appointed under Article 1(2)
At the Court at Buckingham Palace, the 14th day of March 1990
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 19741and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
PART I
INTRODUCTORY
Title and commencement
1.—(1) This Order may be cited as the Licensing (Northern Ireland) Order 1990.
(2) This Order shall come into operation on the expiration of 3 months from the day on which it is made.
Interpretation
2.—(1) The Interpretation Act (Northern Ireland) 19542shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“appeal”, except in Article 88(1), includes an appeal by way of case stated;
“ballroom” means any premises which are structurally adapted and used or intended to be used for the purpose of public dancing and the use of which for such dancing is licensed under Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 19853;
“bar” means an open bar;
“business” includes any business whether or not carried on for profit;
“bus station” means premises which—
(a) are provided by a statutory body exercising functions under the Transport Act (Northern Ireland) 19674or by an undertaking which is the holder of a road service licence granted under that Act, and
(b) include amenities and facilities (including enclosed waiting facilities elsewhere than in a licensed part of the premises) for persons who have used or intend to use the services of such an undertaking;
“cider” includes perry;
“common part”, in relation to any premises, means a part open generally to all residents or to a particular class of them;
“the Department” means the Department of Health and Social Services;
“diner” means a person who is partaking of a main table meal or is about to partake of such a meal or has just partaken of such a meal;
“doctor” means a fully registered person within the meaning of section 55 of the Medical Act 19835;
“enactment” has the meaning assigned to it by section 1(b) of the Interpretation Act (Northern Ireland) 19546;
“extension licence” means a licence granted under Article 54(1);
“harbour terminal” means premises providing amenities and facilities for persons who have travelled by sea to, or intend to travel by sea from, Northern Ireland which are built upon harbour premises in the vicinity of the point at which such persons embark or disembark;
“holder of a licence” includes a person such as is mentioned in Article 30(2);
“hotel”, without prejudice to paragraph (5), means any premises or set of premises registered in the register of hotels maintained by the Northern Ireland Tourist Board under section 10 of the Development of Tourist Traffic Act (Northern Ireland) 19487;
“housing authority” means—
(a) a public body exercising functions under the Housing (Northern Ireland) Order 19818;
(b) the Department of the Environment;
“intoxicating liquor” means spirits, wine, beer, cider and any other fermented, distilled, or spirituous liquor, but does not include—
(a) angostura bitters;
(b) perfumes;
(c) flavouring essences recognised by the Commissioner of Customs and Excise as not being intended for consumption as or with dutiable alcoholic liquor;
(d) spirits, wine or made-wine so medicated as to be, in the opinion of the Commissioners, intended for use as a medicine and not as a beverage;
(e) any liquor which, whether made on the premises of a brewer for sale or elsewhere, is found on analysis of a sample thereof at any time to be of an original gravity not exceeding 1016° and of a strength not exceeding 1.2 per cent.;
and expressions used in sub-paragraphs (a), (d) and (e) shall have the same meaning as in the Alcoholic Liquor Duties Act 19799;
“licence” means a licence under this Order authorising the sale of intoxicating liquor by retail but except in Articles 68 to 70, 72, 74 and 87(3) does not include an occasional licence;
“licensed premises”—
(a) except in the case of an hotel, means the part or parts of the premises for which a licence is in force which are delineated in the plan kept by the clerk of petty sessions as the part or parts of those premises in which intoxicating liquor is permitted to be sold by retail;
(b) in the case of an hotel, means the hotel premises;
and for the purposes of Articles 59, 68 to 74 and 87(3) and (5) includes the place or premises specified in an occasional licence;
“licensing year” means a period beginning on 1st October in any year and ending on 30th September in the next following year;
“main table meal” means a meal which is in its entirety, or which includes, a main course and which is eaten by a person seated at—
(a) a table; or
(b) a counter or other structure which serves the purpose of a table and which is not used—
(i) wholly or mainly as a bar; or
(ii) for the service of refreshments for consumption by persons not seated at a table or that counter or structure;
“modify” means making additions, omissions, amendments or substitutions;
“notice” means notice in writing;
“occasional licence” means a licence granted under Article 32(1);
“owner”—
(a) in relation to a business, includes any personal representative, trustee, assignee, committee, liquidator, receiver or guardian carrying on the business in exercise of a power conferred by or under any statutory provision, will or deed;
(b) in relation to premises, means the person for the time being receiving the rack rent of the premises, whether on his own account or as personal representative, trustee, assignee, committee, liquidator, receiver or guardian, or who would so receive the same if the premises were let at a rack rent;
“permitted hours”, subject to Articles 48 to 51, means the hours specified in Article 47;
“pharmacist” means a registered pharmaceutical chemist or a registered druggist;
“place of public entertainment” means—
(a) premises used as a theatre;
(b) premises used as a ballroom;
(c) premises on a licensed track within the meaning of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 198510;
(d) such other premises used for the purposes of such entertainments, in accordance with such conditions, as may be prescribed by regulations made subject to affirmative resolution;
“police sub-division”, in relation to a sub-divisional commander, means the sub-division for which that commander acts;
“protection order” means an order granted under Article 28;
“public body” means a body constituted by or under any statutory provision;
“public part”, in relation to any premises, means a part open to customers who are not residents or guests of residents;
“public place” includes any place to which the public have access whether as of right or by permission and whether subject to or free of charge;
“public transport premises” means a railway station or an airport, or a harbour terminal or bus station as defined by this paragraph;
“regulations” except in Schedule 3, means regulations made by the Department subject (except as otherwise provided in this Order) to negative resolution;
“renewal date” in relation to any licensing year means 1st September in that year;
“resident”, in relation to premises of a kind mentioned in Article 6(1)(a) or an hotel, means a guest or traveller who has lodged in the premises or hotel for the preceding night or has in writing engaged a room for the succeeding night;
“restaurant” means any premises—
(a) which are structurally adapted and used, or intended to be used, for the purpose of providing persons frequenting the premises with a main table meal at midday or in the evening, or both; and
(b) for which there is in force a certificate from the Northern Ireland Tourist Board stating—
(i) that the restaurant for which the certificate is in force is registered in the register of restaurants maintained by the Board under section 10 of the Development of Tourist Traffic Act (Northern Ireland) 194811;
(ii) that in the opinion of the Board the restaurant—
(aa) is well equipped and well furnished and provides comfortable seating in the dining-room or rooms;
(bb) is operated by a competent management and staff; and
(cc) provides a high standard of catering; and
(iii) that the restaurant conforms to the requirements, if any, prescribed by regulations made with the concurrence of the Department of Economic Development;
but does not include premises of a kind mentioned in Article 6(1)(a) in which there is carried on the business of selling meals or refreshments;
“seamen’s canteen” means any premises provided by a body approved by the Secretary of State which—
(a) are structurally adapted and used, or intended to be used, for the purpose of providing persons frequenting the premises with food or drink, whether or not the food or drink is separately paid for; and
(b) are situated in a place for which there is in force a certificate granted by the Secretary of State after consultation with the Merchant Navy Welfare Board stating that there is need for a seamen’s canteen;
“servant” includes apprentice;
“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 195412;
“sub-divisional commander” means a sub-divisional commander of the Royal Ulster Constabulary;
“suspended licence” means a licence suspended under Part V;
“theatre” means any place which is used primarily and ordinarily for...
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